ECtHR – Judgment of 28.09.2010 (Grand Chamber), Mangouras v. Spain. 12050/04 – «Article 5.3 ECHR – Proportionality of Bails in environmental offences» –ECtHR «Environmental» Judgments

Abstract

Mr Mangouras was formerly the captain of a ship, the Prestige, which in November 2002, while sailing off the Spanish coast, released into the Atlantic Ocean the 70,000 tons of fuel oil it was carrying. A criminal investigation was opened and the applicant was remanded in custody with bail fixed at 3,000,000 euros (EUR). Mr Mangouras was detained for 83 days and released when his bail was paid by the Prestige owner’s insurers. He complained that the amount of bail required was excessively high and had been fixed without regard for his personal situation. The Court found that new realities had to be taken into consideration when interpreting the requirements of Article 5 § 3, namely the growing and legitimate concern both in Europe and internationally in relation to environmental offences and the tendency to use criminal law as a means of enforcing the environmental obligations imposed by European and international law. The Court concluded that, given the exceptional nature of the applicant’s case and the huge environmental damage caused by the marine pollution, which had seldom been seen on such a scale, it was hardly surprising that the judicial authorities had adjusted the amount required by way of bail in line with the level of liability incurred, so as to ensure that those responsible had no incentive to evade justice. No violation of Article 5 § 3.